SB2197 97TH GENERAL ASSEMBLY

LRB097 10211 AJO 50407 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2197

Introduced 2/10/2011, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

750 ILCS 5/602	from Ch. 40, par. 602
750 ILCS 5/603	from Ch. 40, par. 603

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that it is presumed that each parent is fit and that a fit parent acts in the best interest of his or her child, unless either presumption is rebutted. It is presumed that, absent a written parental agreement on residential time-sharing arrangements for a child, it is in the best interest of the child to reside with each parent for an equal period of time. Provides that in a proceeding for a temporary child custody order or a parenting time order, there shall be a rebuttable presumption that it is in the best interest of the child to order joint custody and to allocate parenting time to each parent for an equal period of time, absent a written parental agreement to the contrary. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 602 and 603 as follows:

(750 ILCS 5/602) (from Ch. 40, par. 602)

Sec. 602. Best Interest of Child.

(a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

(1) the wishes of the child's parent or parents as to his custody;

(2) the wishes of the child as to his custodian;

(3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;

(4) the child's adjustment to his home, school and community;

(5) the mental and physical health of all individuals involved;

(6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;

(7) the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;

(8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;

(9) whether one of the parents is a sex offender; and

(10) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.

In the case of a custody proceeding in which a stepparent has standing under Section 601, it is presumed to be in the best interest of the minor child that the natural parent have the custody of the minor child unless the presumption is rebutted by the stepparent.

(a-2) It is presumed that each parent is fit and that a fit parent acts in the best interest of his or her child, unless either presumption is rebutted.

(a-3) It is presumed that, absent a written parental agreement on residential time-sharing arrangements for a child, it is in the best interest of the child to reside with each parent for an equal period of time.

(b) The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child.

(c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody.

(Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.)

(750 ILCS 5/603) (from Ch. 40, par. 603)

Sec. 603. Temporary Orders.

(a) A party to a custody proceeding, including a proceeding to modify custody, may move for a temporary custody order. The court may award temporary custody under the standards of Section 602 and the standards and procedures of Section 602.1, after a hearing, or, if there is no objection, solely on the basis of the affidavits.

(b) If a proceeding for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed, any temporary custody order is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child requires that a custody judgment be issued.

(c) If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation, under either subparagraph (ii) of paragraph (1), or paragraph (2), of subsection (d) of Section 601, is dismissed, any temporary custody order is vacated.

(d) In a proceeding for a temporary child custody order or a parenting time order, there shall be a rebuttable presumption that it is the best interest of the child for there to be joint custody and an allocation of parenting time to each parent for an equal period of time, absent a written parental agreement to the contrary.

(Source: P.A. 86-530; 87-1255.)

Section 99. Effective date. This Act takes effect upon becoming law.